GENDALAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under z being aggrieved by the judgment, finding and sentence dated 06.11.92 passed by the 10th Additional Sessions Judge, Jabalpur in Sessions Trial No.467/87 whereby the appellant has been convicted under Section 363 and 366 of I.P.C. and sentenced to undergo R.I. for 3 years under Section 363 of I.P.C. and 4 years R.I. under Section 366 of I.P.C. with fine of Rs.2,000/-, in default to further undergo S.I. for one year with direction to run jail sentences concurrently.

(2.) The prosecution case in short is that complainant Ramkhilawan Dubey resides at Punjab Dairy, Pariyat, P.S. Panagar and works as an agent (muneem) in this dairy. Bhaiyalal Tiwari is his brother-inlaw who resides in Quarter No.I-45, Krishinagar Colony, Adhartal, Jabalpur. The victim, aged 13 years, is the daughter of complainant. She was studying in Kandrakheda primary school in 4th standard. After examination, she went to the house of her Phuphathe husband of her father's sister-Shri Bhaiyalal Tiwari. Savitri Bai is the wife of complainant, Ramkhilawan Dubey. On 12.05.87 Savitri Bai went to the house of Bhaiyalal and returned back to her house and stated that on 11.05.87 at 10-11 a.m. Gendalal who was also working in the Punjab Dairy went to the house of Bhaiyalal Tiwari and stated that the condition of the mother of the victim is serious, therefore, she has been called upon. This fact was narrated by Parwati Bai to her. But victim has not reached her house. Thus, the complainant has doubted that the appellant had eloped his minor daughter on the pretext that her mother is ill.

(3.) On this information, the crime No.127/87 under Section 363 and 366 was registered against the appellant at police station Adhartal Jabalpur. During the course of investigation, the map was prepared.